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BROWN v. NYC DEPT. OF EDUC.

116133/08

26 Misc.3d 862 (2009)

2009 NY Slip Op 29486

891 N.Y.S.2d 878

In the Matter of MENDIS BROWN, Petitioner, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents.

Supreme Court, New York County.

Decided December 2, 2009.

Attorney(s) appearing for the Case

Bruce K. Bryant, Brooklyn, for petitioner.

Michael A. Cardozo, Corporation Counsel, New York City (Steven Weber of counsel), for New York City Department of Education, respondent.

OPINION OF THE COURT

NICHOLAS FIGUEROA, J.

Petitioner, a public school principal, brings this CPLR article 78 proceeding to annul the City Corporation Counsel's refusal to provide her with legal counsel, pursuant to General Municipal Law § 50-k (2), in her defense against a suit brought by one of her former students in federal court. Petitioner challenges such denial as arbitrary and capricious.

Section 50-k (2) of the General Municipal Law...

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